Anthony v Dyson Ltd (PRACTICE AND PROCEDURE –- Striking-out/dismissal) [2019] UKEAT 0080_19_1306 (13 June 2019)

Anthony v Dyson Ltd (PRACTICE AND PROCEDURE –- Striking-out/dismissal) [2019] UKEAT 0080_19_1306 (13 June 2019)

The claimant's claim could not succeed because the contract allowed dismissal during probation on one week's notice for any reason, and the only loss claimed arose from dismissal, for which notice was paid. Any claim regarding the manner of dismissal is excluded by the Johnson exclusion zone. If the claim related to pre-dismissal conduct, no loss was demonstrated.

Citation
[2019] UKEAT 0080_19_1306
Parties
Appellant/claimant: S Anthony; Respondent: Dyson
Jurisdiction
United Kingdom
Judgment Date
13 June 2019
Procedural Posture
Employment Appeal / Appeal Against ET Striking Out Claim
Outcome
Appeal dismissed
Legal Topics
Breach of Contract, Probationary Dismissal, Notice Pay, Johnson Exclusion Zone, Performance Management
Employment Law Contract Law Breach of Contract Probationary Dismissal Notice Pay Johnson Exclusion Zone Performance Management

Case Brief

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Parties

S Anthony

Appellant/claimant

Dyson

Respondent

Procedural Posture

Employment Appeal / Appeal Against ET Striking Out Claim

Legal Issues

  1. 1 Whether the Employment Tribunal erred in striking out the claimant's breach of contract claim as having no reasonable prospect of success
  2. 2 Whether the respondent could rely on the 'for any reason' clause to dismiss during probation despite alleged breach of contractual support obligations
  3. 3 Whether the Johnson exclusion zone precluded the claim for damages arising from manner of dismissal

Ratio Decidendi

The claimant's claim could not succeed because the contract allowed dismissal during probation on one week's notice for any reason, and the only loss claimed arose from dismissal, for which notice was paid. Any claim regarding the manner of dismissal is excluded by the Johnson exclusion zone. If the claim related to pre-dismissal conduct, no loss was demonstrated.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.